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Software License for RealNetworks RealPlayer 7 Basic IMPORTANT -- READ CAREFULLY: This License Agreement for the RealPlayer 7 Basic ("License Agreement") is a legal agreement between you (either an individual or an entity) and RealNetworks, Inc. and its suppliers and licensors (collectively "RN") for RealPlayer 7 Basic software ("Software"). By clicking on the "I Accept" button, installing, copying or otherwise using the Software, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, click on the "I Do Not Accept" button and / or do not install the Software. ANY THIRD PARTY SOFTWARE, INCLUDING ANY NON-RN PLUG-IN, THAT MAY BE PROVIDED WITH THE SOFTWARE IS INCLUDED FOR USE AT YOUR OPTION.
IF YOU CHOOSE TO USE SUCH SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH PARTY'S LICENSE AGREEMENT, AN ELECTRONIC COPY OF WHICH WILL BE INSTALLED IN THE "REALPLAYER" FOLDER ON YOUR COMPUTER UPON INSTALLATION OF THE SOFTWARE. 1. GRANT OF LICENSE. RealNetworks Inc. and its suppliers and licensors (collectively "RN") hereby grant to you a non-exclusive license to use the Software and Documentation subject to the following terms: a) You may: (i) use the Software on any single computer; (ii) use the Software on a second computer so long as the first and second computers are not used simultaneously; (iii) copy the Software for back-up, archival purposes provided any copy must contain all of the original Software's proprietary notices.
b) The Software may include certain plug-in components ("Plug-Ins"), such as and not exclusive to the Active X Control, Java plug-in, RA XTRA plug-in. You may only call to or otherwise use such Plug-Ins through the use of the realplayer. exe, null 3260. dll, room 3260.
dll, end 3260. dll, or real 3260. zip applications. Any direct use of Plug-Ins through a non-RN proprietary application, including a custom or user-written application is prohibited by this Agreement. c) RN may modify this agreement upon written notice to you, including notice via the autoupdate function described in Section 4 below.
a) You may not: (i) permit other individuals to use the Software except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software or Documentation; (iii) copy the Software or Documentation (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or Documentation; or (v) remove any proprietary notices or labels on the Software or Documentation. The recording and playback features of this Software are intended only for use with public-domain or properly licensed content and content creation tools. You may require a patent, copyright, or other license from a third party to create, copy, record or save content files for playback by this Software or to serve or distribute such files to be played back by this Software. b) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdiction in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. c) The Software is for private use only. Copies of content files, including, but not limited to audio and video recordings, which are downloaded or copied using the Software, and which are protected by the copyright laws or related laws of any jurisdiction, may not be distributed to third parties or performed outside your normal circle of family and social acquaintances.
You may not use the Software to alter or adapt content files. d) You may not use the Software in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. e) The Software embodies a serial copying management system required by the laws of the United States. You may not circumvent or attempt to circumvent this system by any means. 3.
COPIES OF SOFTWARE AND ENHANCEMENTS. If you receive the first copy of the Software electronically and a second copy on physical media (e. g. , CD, diskette, etc. ), the second copy may be used for archival purposes only and may not be transferred to or used by any other person. This license does not grant you any right to any enhancement or update. 4. AUTOUPDATE. The autoupdate function in the Software automatically communicates with RN's servers on the Internet to check for updates to the Software, such as bug fixes, patches, enhanced functions, and new versions.
Autoupdate will notify you when updates are available. You agree that RN may, through the autoupdate function, upload updates and install them as part of your Software when you decide to update. All autoupdate's to the Software are governed by this Agreement, unless other license terms are provided with the autoupdate. Although RN uses encryption technology to provide security for the autoupdate process, RN is not responsible for the failure of such security measures. 5.
TITLE. Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in RN and / or its suppliers. The Software is protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software including the content contained in the Software media demonstration files shall be retained by the applicable content owner and may be protected by applicable copyright or other law.
This license gives you no rights to such content. 6. DISCLAIMER OF WARRANTY: THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REALNETWORKS FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION REMAINS WITH YOU... TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REALNETWORKS OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF REALNETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 7.
INDEMNIFICATION. This software is intended for use only with properly licensed media, content, and content creation tools. It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and / or create or compress such media and content. You agree to transmit and / or compress only those materials for which you have the necessary patent, copyright and other permissions, licenses, and / or clearances. You agree to hold harmless, indemnify and defend RN, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have encoded, compressed, copied or transmitted any materials (other than materials provided by RN) in connection with the Software in violation of another party's rights or in violation of any law. If you are importing the Software from the United States, you shall indemnify and hold RN harmless from and against any import and export duties or other claims arising from such importation. 8.
TERMINATION: This License Agreement shall terminate automatically if you fail to comply with the limitations described in this license. No notice shall be required from RN to effectuate such termination. Upon termination, you must destroy all copies of the Software and Documentation. 9. U.
S. GOVERNMENT RESTRICTED RIGHTS AND EXPORT RESTRICTIONS: U. S. GOVERNMENT RESTRICTED RIGHTS: This Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software -- Restricted Rights at FAR 52. 227 - 19 when applicable, or in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252. 227 - 7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is RealNetworks, Inc. / 2601 Elliott, Suite 1000 / Seattle, Washington, 98121.
You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U. S. embargo; or (ii) to anyone on the U. S. Treasury Department's list of Specially Designated Nationals or the U.
S. Commerce Department's Denied Parties List or Entity List. By using the Software you are agreeing to the foregoing and are representing and warranting that (i) no U. S.
federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U. S. export controls. 10. MISCELLANEOUS. This License Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by RN or not. The acceptance of any purchase order is you place is expressly made conditional on your consent to the terms set forth herein.
The terms and conditions contained in this License Agreement may not be modified except in a writing duly signed by you and an authorized representative of RN. If any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This License Agreement shall be governed by the laws of the State of Washington, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Washington. Any and all unresolved disputes arising under this License Agreement shall be submitted to arbitration in the State of Washington; except that, to the extent that you have breached or have indicated your intention to breach this License Agreement in any manner which may cause continuing or irreparable harm to RN (including, but not limited to, any breach that may impact RN's intellectual property rights, or a breach by reverse engineering), RN may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction. Any arbitration of a dispute under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
This License Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Copyright (c) 1995 - 1999 RealNetworks, Inc. and / or its suppliers. 2601 Elliott Ave. , Suite 1000, Seattle, Washington 98121 U. S. A.
All rights reserved. RealNetworks, RealAudio, RealVideo, and RealPlayer are registered trademarks of RealNetworks, Inc. Bibliography:
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